In the Matter of Michael Doyle v. Fischer

Michael Doyle, Dannemora, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier III disciplinary hearing. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. Given that petitioner has been granted all the relief to which he is entitled, the petition is dismissed as moot ( see Matter of Murphy v. Boucaud, 78 A.D.3d 1417, 910 N.Y.S.2d 693 [2010]; Matter of Avincola v. Fischer, 74 A.D.3d 1672, 902 N.Y.S.2d 454 [2010], lv. denied 15 N.Y.3d 711, 2010 WL 4116955 [2010] ).

ADJUDGED that the petition is dismissed, as moot, without costs.

PETERS, J.P., LAHTINEN, KAVANAGH, STEIN and GARRY, JJ., concur.